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Village of Pelham, NY
Westchester County
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Table of Contents
Table of Contents
No unlawful structure or unlawful use of a structure, lot or land existing on the effective date of this chapter shall be deemed to be a nonconforming structure or use.
Any lawful use occupying any building, structure or land at the time of the effective date of this chapter, or any amendment thereto, and which, following such date, does not comply with the use regulations of the district in which it is situated shall be deemed to be a nonconforming use and may be continued in the building or structure or on the land so occupied.
A nonconforming use shall not be changed to another nonconforming use, extended or moved to any portion of the building, structure or land not so occupied on the effective date of this chapter, nor shall any building occupied by a nonconforming use be reconstructed, structurally altered, restored or repaired to an extent exceeding in aggregate cost 50% of the reproduction cost of such building unless the use thereof is changed to a conforming use.
A nonconforming structure that is, or is to be, devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, provided that such action does not increase the degree of nonconformity thereof.
A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use. Whenever a nonconforming use has been discontinued for a period of one year, such nonconforming use shall not thereafter be resumed. A nonconforming use shall be deemed to have been discontinued after it ceases operations for 12 consecutive months if such use occupies a structure or six consecutive months if such use occupies land whereon there is no consequential structure devoted to such use. For purposes of this chapter, it shall make no difference whether cessation of operations is voluntary or involuntary.
Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Committee shall state the precise reason(s) why such alterations were deemed necessary.